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Thursday, 10 July 2014

A written ministerial statement was laid simultaneously
before Parliament today 10th July 2014 in the House of Commons by the
Immigration Minister, James Brokenshire MP and in the House of Lords by Lord Taylor
respectively.

The changes in Immigration Rules which is part of the
efforts of the Home Office aimed at securing borders and reducing immigration affect
Tier 1 Post Study Work (PSW), Entrepreneur, Tier 4 Student and Tier 5
(Government Authorised Exchange) routes as well as Appendix FM and paragraphs
276ADE-276DH.

The written statement is reproduced hereunder:

This written ministerial
statement was laid in the House of Commons by James Brokenshire MP and in the
House of Lords by Lord Taylor of Holbeach.

My Rt Hon Friend the Home
Secretary is today laying before the House a Statement of Changes in
Immigration Rules.

These changes will implement
restrictions on the ability of those already present in the UK as a Tier 4
(Student) or Tier 1 (Post Study Work) migrant to make an in-country application
for an extension of stay as a Tier 1 (Entrepreneur).

The Tier 1 (Entrepreneur)
category is for those who wish to establish a genuine business which will
generate jobs in the UK. It has, however, become clear that the majority of
those applying in-country for leave in the category are those who have come here
for the purpose of study and are making speculative or fraudulent applications
simply to extend their stay in the UK.

Checks against the tax records
of those who have been granted leave as entrepreneurs suggest that few have
gone on to engage in genuine entrepreneurial activity, and that a significant
proportion have taken employment in breach of their conditions, typically at
low skill levels.

This shows that a robust
response is required to protect the integrity of the immigration system and to
make clear that systematic abuse will not be tolerated. The new restrictions on
switching into the Tier 1 (Entrepreneur) category will apply whilst we carry
out further investigations into these abuses and review the route to ensure
that it delivers its proper purpose, which is to help foster growth and
innovation. The changes will come into force tomorrow, to guard against the
possibility of any further intake of speculative or fraudulent applications.

The Tier 1 (Entrepreneur)
remains open. Those who already have leave in the category will continue to be
able to extend their stay. The new restrictions will not apply to those
qualifying on the basis of seed funding or funding provided by another
government department, nor, in the case of those switching from the Tier 1
(Post Study Work) route, will they apply to those who have already established
a genuine business. Those who graduate here will continue to be able to apply
to extend their stay under the Tier 1 (Graduate Entrepreneur) category, which
is significantly undersubscribed. Those who have a genuine intention of
establishing a business here will also continue to be able to apply from
overseas.

In addition, this statement of
changes to the Immigration Rules will remove all tests provided by Cambridge International
Examinations (CIE), and specific tests provided by Cambridge English and
Trinity College London from the list of approved English tests. These changes
are being made at the providers’ requests.

The changes also add a new 12
month ‘mathematics teacher exchange’ scheme to the Tier 5 (Government
Authorised Exchange) route. This scheme is aimed at sharing best practice in
the teaching of mathematics in schools across England and China, and supports
the objectives of the Department for Education who will administer and fund the
scheme.

This statement of changes also
contains amendments to align the Immigration Rules on family and private life
in Appendix FM and paragraphs 276ADE-276DH with the public interest
considerations in section 117B of the Nationality, Immigration and Asylum Act
2002 which apply to decisions engaging the qualified right to respect for
private and family life under Article 8 of the European Convention on Human
Rights. The changes also align the Immigration Rules on family and private life
in Part 13, which relate to foreign criminals, with the public interest
considerations in sections 117B and 117C of the 2002 Act. These considerations
are inserted by section 19 of the Immigration Act 2014.

Section 19 gives the weight of
primary legislation to parliament’s view of what the public interest under
Article 8 requires, in particular in respect of controlling immigration to
safeguard the UK’s economic well-being and in respect of preventing disorder or
crime.

The statement of changes also
contains amendments facilitating the use of the non-suspensive appeals
provision, inserted by section 17(3) of the Immigration Act 2014. This
provision allows the Secretary of State to certify an appeal where an
individual is liable to deportation when, despite the appeals process not
having been begun or not having been exhausted, removal of a person to the
country or territory to which they are proposed to be removed, pending the
outcome of an appeal in relation to their claim, would not be unlawful under
section 6 of the Human Rights Act 1998, for example the individual would not
face a real risk of serious irreversible harm if removed.

About Me

JK Adebola is the CEO of JK & Co Legal Consult Ltd. A private legal firm specialising in Immigration, Nationality and Human Rights Law. Migrantswatch UK is a blog set up to enlighten Migrants in the UK and to keep them abreast of the constant changes to Immigration Rules and Legislation.
JK & Co Legal Consult Ltd is accredited by the Office of the Immigration Services Commissioner [OISC] to provide Immigration Advice and Services.